Citing religious freedom, Kentucky clerk asks top court for OK to deny gay marriage licenses

FRANKFORT, Ky. – Two months after it legalized gay marriage nationwide, the U.S. Supreme Court is being asked by a Kentucky county clerk for permission to deny marriage licenses to same-sex couples.

Rowan County Clerk Kim Davis objects to same-sex marriage for religious reasons. The Supreme Court says the constitution guarantees gay people have the right to marry, but Davis contends the First Amendment guarantees her the right of religious freedom.

She stopped issuing all marriage licenses the day after the court effectively legalized gay marriage nationwide in June.

Two gay couples and two straight couples sued Davis, arguing she must fulfil her duties as an elected official. A federal judge ordered Davis to issue the licenses, and an appeals court upheld that decision.

Davis’ lawyers said they petitioned the Supreme Court on Friday to delay that decision until her appeal is finished, which could take months.

Her attorneys with the Christian law firm Liberty Counsel wrote in their appeal that Davis is seeking “asylum for her conscience.”

Justice Elena Kagan, who joined the majority opinion in June, will hear Davis’ case. Kagan could reject it in a matter of days, or she could ask the couples’ attorneys to file a response and refer it to court for review.

Dan Canon, an attorney representing the couples, called Davis’ latest challenge “meritless.”

Davis has refused to comply with several court orders in recent weeks. She says gay couples could easily drive to a nearby county to get a marriage license. But gay couples argue they have a right to get a marriage license in the county where they live, work and pay taxes.

Davis has said she will not resign her $80,000-a-year job and will never issue marriage licenses to same-sex couples, even if the Supreme Court denies her request.

Her attorney, Jonathan D. Christman, wrote that forcing her to issue licenses is akin to forcing a person who objects to war into the battlefield, or forcing a person against capital punishment to carry out an execution.

Davis cannot be fired because she is an elected official. The Legislature could impeach her, but that is unlikely given that many state lawmakers share her beliefs. The Republican president of the state Senate spoke at a rally last week in support of Davis.